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Is my Nikkah legally recognised in England?
Although this is a complex and ever evolving area, at the time of writing, the law in England and Wales regarding Nikkah marriages is as follows:
- If your Nikkah took place overseas in a country where the Nikkah is recognised as a legally valid form of marriage and you complied with the formalities as per the law in that country, the English courts will recognise this as a legally valid marriage.
- If your Nikkah took place in England or Wales (and you did not also have a civil ceremony) then the marriage will not be legally recognised unless it complied with the formalities of section 26 of the Marriage Act 1949. Broadly speaking this requires that the building that the ceremony took place in, is registered for the purpose of solemnising marriages.
When is a Nikkah void under Islamic principles?
Although this is a complex and ever evolving area, at the time of writing, the law in England and Wales regarding Nikkah marriages is as follows:
- If your Nikkah took place overseas in a country where the Nikkah is recognised as a legally valid form of marriage and you complied with the formalities as per the law in that country, the English courts will recognise this as a legally valid marriage.
- If your Nikkah took place in England or Wales (and you did not also have a civil ceremony) then the marriage will not be legally recognised unless it complied with the formalities of section 26 of the Marriage Act 1949. Broadly speaking this requires that the building that the ceremony took place in, is registered for the purpose of solemnising marriages.
What can I do if my Nikkah isn't legally valid?
You could have a civil marriage. Click here to find out more: Marriages and civil partnerships in England and Wales: Plan your ceremony – GOV.UK. If this is not an option, then you will be treated as cohabitees. Click here to view our article about cohabitee's rights and consider whether a cohabitation agreement might be right for you.
Is my Sharia divorce legally recognised in England and Wales?
This will largely depend on whether you had a legally recognised marriage. If your Nikkah was not legally recognised, then you were never married in the eyes of the law and therefore the validity of a Sharia divorce is a moot point.
If your Nikkah is recognised as a legally valid marriage in England, then the law is broadly as follows:
- If your Islamic divorce took place entirely overseas in a country where the Islamic divorce is recognised as a legally valid form of divorce and you complied with the formalities as per the law in that country, your divorce will be recognised by the English courts. You may still however need to resolve your financial claims against each other, click here for more information: Finances in Divorce – Gardner Leader. [Note that if the Islamic divorce was initiated in England and Wales e.g. by the pronunciation of Talaq and then registered in a country where Sharia law is recognised, although you will be divorced under Sharia law, you will still be married according to the laws of England and Wales].
- If your Islamic divorce took place in England or Wales then although you may be divorced under Sharia law, it will not be recognised as a legally valid divorce in England and Wales and you will need to apply for a civil divorce. For more information on how to obtain a civil divorce, click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
